Does an adjudicator erred in law in applying his own knowledge and in rejecting the evidence of the petitioner?
British Columbia, Canada
The following excerpt is from Jones v. Superintendent of Motor Vehicles, 2001 BCSC 1168 (CanLII):
In Nylen v. British Columbia (Superintendent of Motor Vehicles), [2000] B.C.J. No. 2411 (Q.L.) (B.C.S.C.) the petitioner similarly argued that an adjudicator erred in law in applying his own knowledge and in rejecting the petitioner’s evidence. Henderson J. held that the adjudicator, in saying that he had been mandated to apply his own knowledge of matters relating to alcohol absorption and elimination in the human body, did not mean that he was mandated to apply a formula even in circumstances where there was other credible evidence which might suggest he should not apply it.
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